New York S 1730: Relates to the regulation of the sale of plastic trash bags

Bill Text

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S01730 Summary:

BILL NOS01730 

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SAME ASSAME AS A06020

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SPONSORFAHY

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COSPNSR

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MLTSPNSR

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Add Art 27 Title 34 §§27-3401 - 27-3409, En Con L

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Regulates the sale of plastic trash bags; requires plastic trash bags be made of 30% post-consumer materials.

Go to top S01730 Actions:

BILL NOS01730 

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01/13/2025REFERRED TO ENVIRONMENTAL CONSERVATION

01/07/2026REFERRED TO ENVIRONMENTAL CONSERVATION

Go to topS01730 Committee&nbspVotes:

Go to topS01730 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01730 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1730

 2025-2026 Regular Sessions

 IN SENATE

 January 13, 2025
 ___________

 Introduced by Sen. FAHY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Environmental Conservation

 AN ACT to amend the environmental conservation law, in relation to the
 sale of plastic trash bags

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Article 27 of the environmental conservation law is amended
 2 by adding a new title 34 to read as follows:
 3 TITLE 34
 4 REGULATION OF PLASTIC TRASH BAGS
 5 Section 27-3401. Definitions.
 6 27-3403. Regulation of the sale of plastic trash bags.
 7 27-3405. Labeling requirements.
 8 27-3407. Violations.
 9 27-3409. Regulations.
 10 § 27-3401. Definitions.
 11 As used in this title:
 12 1. "Manufacturer" shall mean any person, firm, association, partner-
 13 ship, or corporation, which makes plastic trash bags to be used in the
 14 disposal of waste.
 15 2. "Plastic trash bag" shall mean a bag intended to hold, store, or
 16 transport materials meant to be discarded, composted, or recycled,
 17 including but not limited to garbage bags, composting bags, yard bags,
 18 can-liners, and recycling bags.
 19 3. "Post-consumer material" shall mean those products or materials
 20 generated by a business or consumer which have served their intended end
 21 use as consumer items and which have been separated or diverted from the
 22 waste stream for the purposes of collection and recycling as a secondary
 23 material feedstock.
 24 4. "Retailer" shall mean any person, firm or corporation that engages
 25 in the sale of plastic trash bags.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04849-01-5

 S. 1730 2

 1 § 27-3403. Regulation of the sale of plastic trash bags.
 2 Every plastic trash bag offered for sale or sold by a retailer in this
 3 state shall contain, by weight, at least thirty percent recycled post-
 4 consumer material. The department may promulgate rules and regulations
 5 requiring a higher percentage of post-consumer material content for
 6 plastic trash bags.
 7 § 27-3405. Labeling requirements.
 8 Every package of plastic trash bags sold in this state shall be
 9 labeled by the manufacturer indicating the post-consumer material
 10 content of the plastic trash bags by weight.
 11 § 27-3407. Violations.
 12 1. Any retailer found to be in violation of this title shall receive a
 13 warning notice for the first violation. Any retailer found to subse-
 14 quently be in violation of this title shall be subject to a penalty of
 15 five hundred dollars per violation.
 16 2. Any manufacturer found in violation of this title shall be subject
 17 to a penalty of five hundred dollars per violation.
 18 3. No retailer shall be found in violation of this title if such
 19 retailer in good faith relies on the label as required by section
 20 27-3405 of this title.
 21 § 27-3409. Regulations.
 22 The department is authorized to promulgate any rules and regulations
 23 necessary to implement the provisions of this title.
 24 § 2. This act shall take effect January 1, 2028.

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